QUICK REFERENCE GUIDE TO 2017 CHANGES TO

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1 QUICK REFERENCE GUIDE TO 2017 CHANGES TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE AFFECTING CHAPTER 13 CASES Beverly M. Burden, Chapter 13 Trustee EDKY June 20, 2017 This Quick Reference Guide is a summary of certain changes to the Federal s of Bankruptcy Procedure to be effective December 1, It is based on my present interpretation of the proposed s. I might be wrong; I might change my mind. Therefore, read the s and Official Comments; conduct your own research; and formulate your own conclusions. Do not rely solely on this guide. What: Where: How: When: Service: B. Burden s Comments: secured creditor or 3002(a) Proof of claim In a chapter 13 case, 70 days after: Creditor, including a secured creditor, must file proof of claim unsecured creditor, other than and (c) Petition date (order for relief); or to have an allowed claim. governmental units and other existing exceptions Date of the order of conversion to chapter 13. No change in bar date for governmental units. A lien that secures a claim against the debtor is not void due only to the failure of any entity to file a proof of claim. holder of a claim that is secured by a security interest in the debtor s principal residence 3002(c)(7 ) Proof of claim & attachments In a chapter 13 case, 70 days after order for relief to file proof of claim and attachments required under 3001(c)(2)(C); and 120 days after order for relief to file attachments required by 3001(c)(1) and (d) as a supplement to claim. The 3001(c)(2)(C) attachment is Mortgage Proof of Claim Attachment Form B410A and an escrow statement if applicable. 3001(c)(1) requires a copy of the writing on which the claim is based. 3001(d) requires proof of perfection. 1

2 creditor with insufficient notice of deadline for filing claims 3002(c)(6 ) Motion to extend time for filing proof of claim, which must be granted before claim is filed. Motion may be filed before or after bar date. Claim must be filed within 60 days after order is entered granting motion for extension of time to file claim. Presumably serve motion per 7004 via Extension allowed if notice was insufficient to give creditor time to file claim: because the debtor failed to timely file the list of creditors names and addresses required by 1007(a) ; or notice was mailed to creditor at foreign address. Objection to claim 3007(a) Objection; and a Notice of Objection (Official Form) Serve at least 30 days before: any scheduled hearing on the objection, or any deadline for claimant to request hearing Serve claimant by first-class mail to notice address in POC; and If claimant is U.S. or U.S. officer or agency, serve per 7004(b)(4) or (5); If claimant is insured depository institution, serve per 7004(h); and Serve debtor, trustee, (and if applicable a codebtor who filed claim under 3005) by first class mail or other permitted means For service on U.S., mail copy to: civil process clerk at U.S. Attorney for district; U.S. Attorney General at Washington DC; and Affected agency or officer. For service on insured depository institution: send by certified mail addressed to an officer (with exceptions). Trustees serve debtor by mail even if debtor s attorney gets ECF notice? 2

3 Determining amount Motion; If by motion, Upon confirmation, any of secured claim under 506(a) 3012(a) and (b) Objection to claim; or days notice per 9006(d)? Or file motion at least 7 days presumably serve per 7004 via determination in the plan made under 3012 about the claims of In plan. before confirmation hearing? amount of a secured claim is nongovernmental If by objection to binding on the holder of the units But not by If by objection to claim, give claim, serve per claim.... adversary 30 days notice per via proceeding ( revised (2)). If in plan, creditor gets 21 days notice of deadline to object to confirmation and 28 days notice of confirmation hearing per If by plan, serve holder of claim and any other entity the court designates, per 7004 via 3012(b). What are notice requirements for plans amended before confirmation? Determining amount of secured claim under 506(a) claims of governmental units 3012(a) and (c) Motion; or Objection to claim. File after: Governmental unit files claim or Time for filing claim under 3002(c)(1) has expired. days notice per 9006(d)? If by motion, presumably serve per 7004 via If by objection to claim, serve per 7004 via revised Claims bar date in 3002(c)(1) for governmental units is not changed. Amount of secured claim of governmental units cannot be determined in the plan. If by objection to claim, give 30 days notice per If governmental unit does not timely file claim under 3002(c)(1) and debtor files claim under 3004, does debtor also have to file motion or objection to its own claim to determine secured amount? Determining amount Motion; or File motion after a claim is If by motion, Amount of claim entitled to 3

4 of any claim entitled 3012(a) Objection to filed; or presumably serve priority cannot be determined in to priority and (b) claim. File a claim objection (presumably after claim is per 7004 via the plan. filed). If by objection to claim, serve per days notice per 9006(d)? 7004 via revised If by objection to claim, give 30 days notice per If priority creditor does not timely file claim under 3002(c)(1) and debtor files claim under 3004, does debtor also have to file motion or objection to its own claim to determine amount entitled to priority? Objection to confirmation 3015(f) Objection File objection at least 7 days before the date set for hearing on confirmation unless court orders otherwise. Serve per 7004 via Creditors are to get: 21 days notice of the deadline for filing objections to confirmation ( 2002(a)(9)); and 28 days notice of the confirmation hearing ( 2002(b)(3)). What notice do creditors get of plans amended before confirmation? Avoid a lien or other transfer of exempt property under 4003(d) Motion; or In plan. days notice per 9006(d)? Or file motion at least 7 days 4 If by motion, serve per 7004 via 9014

5 522(f) But not by adversary proceeding ( 7001(2)) (no change). before confirmation hearing? If in plan, creditor gets 21 days notice of deadline to object to confirmation and 28 days notice of confirmation hearing per If in plan, serve affected creditor per 7004 via 4003(d) Request for order declaring lien satisfied 5009(d) Debtor may request by motion an order declaring that secured claim has been satisfied and the lien has been released under the terms of a confirmed plan. Likely file motion at time a case is being closed, but rule does not prohibit request at another time. Service on claim holder per New. 5